The Courtroom Flashcards
What are the reasons for a court hierarchy?
- It allows for specialisation between specific cases.
- enables the parties to appeal to a higher court.
- enables the doctrine of precedent
Jurisdiction
The right or power of a court to apply the law and deal with particular cases
Original jurisdiction
When a court is hearing a case for the first time
Appellate jurisdiction
When the court is reviewing an original decision
What is the role and jurisdiction of the magistrates court?
- Lowest court
- Able to hear summary offences and indictable offences heard summarily
- Holds committal proceedings
What is the role and jurisdiction of the Coroner’s Court
- Investigates any unexpected, sudden or suspicious death.
- Hold inquests
- Question witnesses
Role and jurisdiction of the county court
- Hears most indictable offences excluding murder, attempted murder and certain conspiracies and corporate offences.
- Hears cases including manslaughter, armed robbery, kidnapping, rape and assault.
- Appeals from magistrates’
Role and jurisdiction of Supreme Court
- Two divisions
- Hears murder, attempted murder, treason, terrorism, serious drug charges.
- Hears appeals from magistrates
Role of the Court of Appeal
-hears appeals from supreme and county court.
Role and jurisdiction of the high court
Role of the full bench of the high court
- Interpret the Constitution
- depart from previous decision
Role of the full court of the high court
-Hears appeals of supreme courts of states, family court and federal court.
What is a committal proceeding?
A series of hearings that will determine whether a case is ready for trial in the county or supreme courts
What are summary offences?
Minor crimes that include any offence under a subordinate law or local law.
What are indictable offences?
Serious offences that include common law offences
